Download or read book Land Use Regulation and Good Intentions written by Steven Eagle and published by . This book was released on 2017 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Essay surveys contemporary issues in American land use regulation. Its central claim is that, despite good intentions, regulations often have either been ineffective or exacerbated existing problems. The problems underlying regulation include contested understandings of private property rights, continual economic and social change, and a political process prone to ad hoc deal making. Together, they result in regulation that is conceptually incoherent and continually provisional.The Essay briefly reviews how land use philosophy has changed from early nuisance prevention, through Progressive Era comprehensive planning, to modern views of regulation as transactional. It examines our regulatory takings framework for delineating between private property rights and legitimate government regulation. The Essay reviews such contentious issues as affordable housing. Finally, it asserts that, in the absence of a generally agreed upon understanding of land use goals, comprehensive grand bargains among factions and public-private partnerships would facilitate entrenchment and favoritism. The ensuing uncertainty and lack of housing opportunities in cities where workers would be most productive harms individual advancement and the national economy.
Download or read book Zoning Rules written by William A. Fischel and published by . This book was released on 2015 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.
Download or read book Land Use Law in a Nutshell written by John R. Nolon and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
Download or read book Land Use Regulation written by Daniel P. Selmi and published by Aspen Publishing. This book was released on 2017-03-01 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the Fifth Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.
Download or read book Well Grounded written by John R. Nolon and published by Environmental Law Institute. This book was released on 2001 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States is struggling to control its sprawling land use patterns and to develop a unifying strategy of smart growth. The new millennium has brought with it greater popular understanding of this matter, and it is now known that land use law and practice directly address the problems associated with sprawl. In his new book, Well Grounded, Using Local Land Use Authority to Achieve Smart Growth, John R. Nolon explores the growing interest in land use law and practice that has been stimulated by the public's increasing disfavor with urban sprawl and its support of smart growth initiatives. For land use novices, the book's glossary defines technical terms and each chapter provides basic definitions of all topics before delving into more complicated applications of them. Well Grounded is a comprehensive, easy-to-use, and practical reference for land use officials and professionals, academics, and citizens in all states.
Download or read book Land Use Law in a Nutshell written by Patricia E. Salkin and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book reviews the common law principles that underpin modern land use regulations, including covenants and restrictions that work with government regulation to limit the use of private property. The Nutshell clearly explains the legal aspects of land planning and regulation, project review processes, and innovative and flexible regulatory devices. Subdivision and site plan regulation, local environment law, discrimination in zoning based on race and religion, regulatory takings, inverse condemnation, and community development practices are all explored. In addition, the book discusses the law of smart growth, and addresses current trends in land use law including the siting of renewable energy facilities, marijuana and drones. An appendix of internet-based resources is also provided. Law and planning students will find that this Nutshell covers the key cases in all land use law textbooks, and seasoned practitioners and planners will find the organization and approach to dozens of subject areas beneficial to their understanding of the nuts and bolts of land use law as well as some current trends."--Publisher.
Download or read book Zoned in the USA written by Sonia A. Hirt and published by Cornell University Press. This book was released on 2015-02-24 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are American cities, suburbs, and towns so distinct? Compared to European cities, those in the United States are characterized by lower densities and greater distances; neat, geometric layouts; an abundance of green space; a greater level of social segregation reflected in space; and—perhaps most noticeably—a greater share of individual, single-family detached housing. In Zoned in the USA, Sonia A. Hirt argues that zoning laws are among the important but understudied reasons for the cross-continental differences.Hirt shows that rather than being imported from Europe, U.S. municipal zoning law was in fact an institution that quickly developed its own, distinctly American profile. A distinct spatial culture of individualism—founded on an ideal of separate, single-family residences apart from the dirt and turmoil of industrial and agricultural production—has driven much of municipal regulation, defined land-use, and, ultimately, shaped American life. Hirt explores municipal zoning from a comparative and international perspective, drawing on archival resources and contemporary land-use laws from England, Germany, France, Australia, Russia, Canada, and Japan to challenge assumptions about American cities and the laws that guide them.
Download or read book Land Use Controls written by Robert C. Ellickson and published by Aspen Publishing. This book was released on 2020-10-15 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land Use Controls: Cases and Materials emphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: A focus on affordability and the new conflicts over urban zoning A fully updated treatment of local administrative law Recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings Thoroughly updated notes, with recent cases, law review literature, and empirical studies Professors and students will benefit from: Distinguished authorship by respected scholars and professors with a range of expertise An interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage Concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development A thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions Excellent coverage and dynamic pedagogy
Download or read book The Economics of Zoning Laws written by William A. Fischel and published by JHU Press. This book was released on 1987-08 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land use controls can affect the quality of the environment, the provision of public services, the distribution of income and wealth, the development of natural resources, and the growth of the national economy. The Economics of Zoning Laws is the first book to apply the modern economic theory of property rights to all major aspects of zoning. Zoning laws are neither irrational constrints on otherwise efficient markets nor disinterested attempts to correct market failure. Rather, zoning must be viewed as a collective property right, vested in local governments and administered by politicians who rationally repsond to their constituents and to developers as markets for development rights arise. The Economics of Zoning Laws develops the economic theories of property rights and public choice and applies them to three zoning controversies: the siting of a large industrial plant, the exclusionary zoning of the suburbs, and the constitutional protection of propery owners from excessive regulation. Economic and legal theory, William Fischel contends, suggest that payment of damages under the taking clause of the Constitution may provide the most effective remedy for excessive zoning regulations.
Download or read book Land Use in a Nutshell written by John R. Nolon and published by West Academic Publishing. This book was released on 2006 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Use this compact reference for a condensed study of the subject matter contained in most leading land use casebooks. Text provides coverage of common-law controls, private law devices, planning processes, land development regulation, zoning, and taxation. The last chapter addresses new influencing considerations in land use, such as energy and space.
Download or read book Arbitrary Lines written by M. Nolan Gray and published by Island Press. This book was released on 2022-06-21 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's time for America to move beyond zoning, argues city planner M. Nolan Gray in Arbitrary Lines: How Zoning Broke the American City and How to Fix It. With lively explanations, Gray shows why zoning abolition is a necessary--if not sufficient--condition for building more affordable, vibrant, equitable, and sustainable cities. Gray lays the groundwork for this ambitious cause by clearing up common misconceptions about how American cities regulate growth and examining four contemporary critiques of zoning (its role in increasing housing costs, restricting growth in our most productive cities, institutionalizing racial and economic segregation, and mandating sprawl). He sets out some of the efforts currently underway to reform zoning and charts how land-use regulation might work in the post-zoning American city. Arbitrary Lines is an invitation to rethink the rules that will continue to shape American life--where we may live or work, who we may encounter, how we may travel. If the task seems daunting, the good news is that we have nowhere to go but up
Download or read book Land Use Regulation written by STEWART E. STERK and published by Foundation Press. This book was released on 2020-05-21 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook offers a concise, user-friendly presentation of land use law which incorporates a focus on critical thinking and practice throughout. The casebook devotes an entire chapter to complex and realistic scenarios that provide students an opportunity to bring to bear what they have learned throughout the semester to solve challenging legal and strategic problems. New materials in the third edition ensure that students will become familiar with the latest trends in land use law.
Download or read book Land Use Regulation written by Martin A. Garrett and published by Praeger. This book was released on 1987-11-13 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land Use Regulation is well worth reading and should be of interest and value to teachers of land use and urban analysis, planning practitioners, public officials involved in land use planning, citizen groups, and concerned individuals. Shirley F. Weiss, Professor of City and Regional Planning, University of North Carolina, Chapel Hill Since the early 1960s land use issues have become increasingly important in American society. Suburban communities have found themselves in the path of urban growth or have felt rapid growth pressure from within. How policy can be developed to cope with mounting land use problems, and the role that regulation has in this policy, is the topic of this unique new volume. Land Use Regulation offers both students and planners an interdisciplinary analysis of land use involving economics, public policy, and court rulings. It discusses how the implementation of land use policies, which are supported by economic theory, occurs through the political process which, in turn, is guided by the judiciary. Garrett challenges the widely held view in favor of a free market approach to land use. Because of the problems that rapid growth impose on a local governing body and the conflicts that arise between citizens, the governing body, and landlord-developers, Garrett asserts that optimal land use can best be achieved through a combination of the free market and careful planning.
Download or read book The Homevoter Hypothesis written by William A. Fischel and published by Harvard University Press. This book was released on 2009-07-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just as investors want the companies they hold equity in to do well, homeowners have a financial interest in the success of their communities. If neighborhood schools are good, if property taxes and crime rates are low, then the value of the homeowner’s principal asset—his home—will rise. Thus, as William Fischel shows, homeowners become watchful citizens of local government, not merely to improve their quality of life, but also to counteract the risk to their largest asset, a risk that cannot be diversified. Meanwhile, their vigilance promotes a municipal governance that provides services more efficiently than do the state or national government. Fischel has coined the portmanteau word “homevoter” to crystallize the connection between homeownership and political involvement. The link neatly explains several vexing puzzles, such as why displacement of local taxation by state funds reduces school quality and why local governments are more likely to be efficient providers of environmental amenities. The Homevoter Hypothesis thereby makes a strong case for decentralization of the fiscal and regulatory functions of government.
Download or read book Property and Freedom written by Bernard H. Siegan and published by Routledge. This book was released on 1997 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, a series of Supreme Court decisions has strengthened the legal protection of private property in the United States by limiting the power of state and local governments to impose zoning ordinances and land-use regulations on property owners. Bernard H. Siegan explores this new direction of the Supreme Court in Property and Freedom: The Constitution, the Courts, and Land-Use Regulation, arguing that this recent jurisprudence implements the objectives of the framers of the original Constitution, the Bill of Rights, and the Fourteenth Amendment. Discussing several key land-use cases, Siegan describes the emergence of a new standard of review for land-use regulations--a standard under which a regulation will be held to be constitutional only when it substantially advances state interests and does not deny an owner economically viable use of his land. This new standard is less demanding than the strict scrutiny test applied to laws limiting freedom of speech or of the press, but considerably more demanding than the standard previously applied in these cases. In elevating the protection of property rights, Siegan contends, the Supreme Court has implemented a fundamental rule of fairness: governments should not force individual property owners to bear the costs of regulations which are supposed to benefit the public. Siegan believes that the new standard of review for land-use regulations accords with the widely held view that the protection of property rights is essential to the viability of the state and the well-being of the people. He cites studies showing that economic regulations seriously limit a nation's productivity and standard of living, and that zoning and no-growth measures reduce housing opportunities and raise the price of housing. Understandably, Siegan notes, people with low and moderate incomes tend to vote against zoning regulations in local elections.
Download or read book Land Use Regulation written by Daniel P. Selmi and published by . This book was released on 2004 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dynamic casebook focuses on the role of the lawyer in land use regulatory matters And The factors that influence land development decisions. it emphasizes the modern practice of land use law and cutting-edge issues. Revised and updated to reflect the many new developments in the law, Land Use Regulation: Cases and Materials, Second Edition, Is equally well suited for courses in land use and land development. When you examine this concise casebook, be sure to notice its: Five-part structure, providing a frame of reference for understanding the various issues that arise in land use matters. Plentiful materials -- news articles, law review articles, essays, and other materials - to enrich teaching and illustrate the rapid change in the field. Emphasis on the most current material and recent cases to convey the dynamic context of land use law. Examination of the relative contributions of law, local government discretion and politics in the process that decides local land use questions. Focus on third-party rights in land development, such as the roles played by neighbors, citizen groups, business groups, and housing advocates. Exploration of ethical issues that arise in land use as viewed from the perspectives of both lawyers and society. Clear and practical explanations of the lawyer's role. Comprehensive Teacher's Manual, enhanced by the addition of a Transition Guide For The Second Edition, The authors have refined and improved their casebook by incorporating: deeper coverage of takings developments, including the most recent cases (such as Palazzolo and Tahoe) And The academic debate over the origins and reach of takings law. New cases of First Amendment protections: City of Los Angeles v. Alameda Books, The Florida 'voyeur dorm' case on the regulation of adult businesses, and cases under state and local legislation protecting religious institutions. New information on the economics of land use. A summary of the Playa Vista Project, a large-scale land use project that illustrates most aspects of land use regulation and that can be used as an introduction To The field. A completely updated section on smart growth, sprawl, and sustainable development. Expanded coverage of private law instruments, such as development agreements. New materials on annexations and redevelopment law. Cases chosen for their teaching value. Land Use Regulation: Cases and Materials, Second Edition, Is an excellent vehicle for giving students a realistic look at the modern practice of land use law.
Download or read book Land Use Controls written by Robert C. Ellickson and published by Aspen Publishers. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Give your students a casebook as dynamic as the subject of land use by adopting this thoroughly revised edition of a former best seller. LAND USE CONTROLS: Cases and Materials, Third Edition, illuminates the legal regulation of the land development process with a skillful blend of social scientific analysis and historical materials. Both students and instructors will appreciate the casebook¿s strengths: distinguished authorship. Robert C. Ellickson is a Professor of Law at Yale and author of several books and many law review articles dealing with land development and property; Vicki L. Been, Is a highly respected scholar and authority on environmental justice whose thinking on land use has been published in prestigious law reviews and casebooks LAND USE CONTROLS is known and respected as a leading casebook, now completely updated for this latest edition an interdisciplinary approach that weaves historical, social, and economic perspectives throughout the work concise but comprehensive treatment of the legal issues that arise in both private and public regulation of land development, including environmental justice, building codes and subdivision regulations, And The federal role in urban development a thematic framework that reveals the connections among the multiple discrete topics under land law, with attention To The factual and political context of the cases And The aftermath of decisions helpful learning aids -- original introductory text, cases, notes, excerpts from law review articles, and visual aids such as maps, charts, and graphs This revision covers all the most recent and important developments and features: Kelo and other U.S. Supreme Court decisions through June 2005 thoroughly updated notes, with recent cases, law review literature, and empirical studies recent land use controversies, such as the ¿Walmart Wars¿ If you want a teachable casebook with the latest information and a traditional notes-and-cases approach, be sure to consider LAND USE CONTROLS: Cases and Materials, Third Edition . This scrupulously revised edition helps you teach a course that is both challenging and interesting to students.
